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Recent Posts

SIGNIFICANT ISSUES TEST APPLIES TO FRAUDULENT LIEN CLAIMS TO DETERMINE ATTORNEY’S FEES

Posted on 8 January, 2017
Construction lienors need to appreciate on the frontend that recovering statutory attorney’s fees in a construction lien action is NOT automatic—far from it.  This is because the prevailing party for purposes of attorney’s fees in a construction lien action is determined by the...

DESIGN PROFESSIONAL NEEDS A LICENSE TO BE SUED FOR PROFESSIONAL NEGLIGENCE

Posted on 6 January, 2017
“With regard to claims for professional negligence, the Florida Supreme Court has explained that ‘where the negligent party is a professional, the law imposes a duty to perform the requested services in accordance with the standard of care used...

DOES YOUR REQUEST FOR EQUITABLE ADJUSTMENT (REA) COMPLY WITH THE CONTRACT DISPUTES ACT?

Posted on 30 December, 2016
Under a federal construction contract, a contractor MUST comply with the Contract Disputes Act and request a final decision from the contracting officer in order for the United States Court of Federal Claims to have jurisdiction over the claim.  This means...

PROPERLY TRIGGER THE PERFORMANCE BOND

Posted on 25 December, 2016
A performance bond is a valuable tool designed to guarantee the performance of the principal of the contract made part of the bond.   But, it is only a valuable tool if the obligee (entity the bond is designed to benefit) understands that it...

APPLICATION OF SET-OFF WHEN A DEFENDANT SETTLES IN MULTIPARTY CONSTRUCTION DISPUTE

Posted on 23 December, 2016
The defense of set-off is an important defense in construction disputes, particularly multiparty disputes.  For more information on this defense, please check out this article as it explains the application of set-off in civil disputes in detail.